JOINT PURCHASE INVOLVING THE FOLLOWING CALIFORNIA AGENCIES: CITY OF CONCORD, COUNTY OF ALAMEDA, COUNTY OF SONOMA

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1 COUNTY OF ALAMEDA REQUEST FOR QUOTATION No. F for Installation of Electric Vehicle Charging Stations At Various Locations in the Counties of Alameda, Contra Costa, and Sonoma JOINT PURCHASE INVOLVING THE FOLLOWING CALIFORNIA AGENCIES: CITY OF CONCORD, COUNTY OF ALAMEDA, COUNTY OF SONOMA FEDERAL AID PROJECT NO. CML 5933(109) For complete information regarding this project, see RFQ posted at or contact the County representative listed below. Thank you for your interest! Contact Person: Phillip Kobernick, Sustainability Project Manager Phone Number: (510) E mail Address: Phillip.Kobernick@acgov.org RESPONSE DUE by 2:00 p.m. on January 5, 2016 at Alameda County, Public Works Agency 951 Turner Court, Room 300 Hayward, CA Alameda County is committed to reducing environmental impacts across our entire supply chain. If printing this document, please print only what you need, print double sided, and use recycled content paper.

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3 TABLE OF CONTENTS NOTICE TO BIDDERS... 1 INSTRUCTIONS TO BIDDERS... 4 PROPOSAL AND CONTRACT PROPOSAL TO THE COUNTY OF ALAMEDA PUBLIC WORKS AGENCY BIDDING SHEET LISTING OF SUBCONTRACTORS TO BE USED IN THE CONTRACT BIDDER S LIST OF SUBCONTRACTORS (DBE AND NON DBE) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION PUBLIC CONTRACT CODE PUBLIC CONTRACT CODE SECTION STATEMENT NONCOLLUSION AFFIDAVIT DEBARMENT AND SUSPENSION CERTIFICATION NON LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS CERTIFICATION OF COMPLIANCE IRAN CONTRACTING ACT OF DISCLOSURE OF LOBBYING ACTIVITIES IMPORTANT NOTICE BID BOND ALAMEDA COUNTY BID BOND CITY OF CONCORD BID BOND SONOMA COUNTY CONTRACT (FOR INFORMATION ONLY) PERFORMANCE BOND ALAMEDA COUNTY PERFORMANCE BOND CITY OF CONCORD PERFORMANCE BOND SONOMA COUNTY PAYMENT BOND ALAMEDA COUNTY PAYMENT BOND CITY OF CONCORD PAYMENT BOND SONOMA COUNTY FEDERAL MINIMUM WAGE RATES PART B: SUPPLEMENTAL DOCUMENTS EXHIBIT 15 G LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) INSTRUCTIONS LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) EXHIBIT 15 H DBE INFORMATION GOOD FAITH EFFORTS DBE CERTIFICATIONS FEDERAL REQUIREMENTS FOR FEDERAL AID CONSTRUCTION PROJECTS SPECIAL PROVISIONS GENERAL BIDDING PRE BID MEETING PROJECT BIDDING PROJECT AWARD FEDERAL REQUIREMENTS DISADVANTAGED BUSINESS ENTERPRISE (DBE) FEDERAL LOBBYING RESTRICTIONS CONTRACT AWARD AND EXECUTION CONTRACTS CONTRACT AND LABOR COMPLIANCE MANAGEMENT SYSTEM i P age

4 FEDERAL MINIMUM WAGE SUBCONTRACTOR AND DBE RECORDS DBE CERTIFICATION STATUS SCOPE OF WORK CONTROL OF WORK CONTROL OF MATERIALS OWNER FURNISHED MATERIALS BUY AMERICA REQUIREMENTS WARRANTY VIDEOTAPING OF PROJECT SITE LEGAL RELATIONS LABOR CODE REQUIREMENTS DEPARTMENT OF INDUSTRIAL RELATIONS SUBCONTRACTING PROSECUTION AND PROGRESS DELAYED START BEGINNING OF WORK CONTRACT WORKING DAYS LIQUIDATED DAMAGES SCHEDULE PAYMENT PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS PROJECT DETAILS ORDER OF WORK MOBILIZATION CONSTRUCTION STAKING TRAFFIC UTILITIES REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES DISPOSAL OF MATERIALS WATERING TRENCH SAFETY WATER POLLUTION CONTROL SPECIFIC REQUIREMENTS AT SITES ELECTRICAL SYSTEMS REGULATIONS AND CODE SCHEDULE OF VALUES EQUIPMENT LIST AND DRAWINGS CERTIFICATE OF COMPLIANCE MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS SCHEDULING OF WORK MATERIALS AND INSTALLATION EXCAVATING AND BACKFILLING REMOVING AND REPLACING IMPROVEMENTS FOUNDATIONS CHARGERS ii P age

5 CONDUIT PULL BOXES CONDUCTORS AND CABLES WIRING BONDING AND GROUNDING SERVICE TESTING GALVANIZING PAINTING NUMBERING ELECTRICAL EQUIPMENT REMOVING ELECTRICAL EQUIPMENT REINSTALLING REMOVED ELECTRICAL EQUIPMENT SAW CUT EXISTING PAVEMENT REMOVE ASPHALT AND CONCRETE AGGREGATE BASES CONTROLLED DENSITY FILL ASPHALT CONCRETE CONCRETE CURBS AND SIDEWALKS PAINTED TRAFFIC STRIPES CLEANING OF THE SITE RECORD DRAWINGS APPENDICES APPENDIX A SONOMA COUNTY CONSTRUCTION CONTRACT APPENDIX B CITY OF CONCORD TERMS AND CONDITIONS APPENDIX C ALAMEDA COUNTY CND ORDINANCE, SUSTAINABLE DESIGN GUIDELINES, AND INSURANCE iii P age

6 CONTRACT NO. NOTICE TO BIDDERS Sealed proposals for the work shown on the plans entitled: COUNTY OF ALAMEDA PUBLIC WORKS AGENCY PROJECT PLANS FOR INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS AT VARIOUS LOCATIONS IN THE COUNTIES OF ALAMEDA, CONTRA COSTA, AND SONOMA FEDERAL AID PROJECT NO. CML 5933(109) will be received at the County of Alameda, 951 Turner Court, Room 300, Hayward, CA until 2:00 p.m. on January 5, 2016 at which time they will be publicly opened and read. Proposal forms for this work are included in separate books entitled: General Work Description: COUNTY OF ALAMEDA PUBLIC WORKS AGENCY PROPOSAL AND CONTRACT (PART A) AND SUPPLEMENTAL DOCUMENTS (PART B) FOR INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS AT VARIOUS LOCATIONS IN THE COUNTIES OF ALAMEDA, CONTRA COSTA, AND SONOMA FEDERAL AID PROJECT NO. CML 5933(109) The work to be done consists, in general, of coordination with various sites to secure access and power shut off; implementing traffic control and storm water protection; trenching and surface restoration; installing conduits and appurtenances; obtaining charging stations at various storage facilities; installing charging stations; installing conductors and related electrical equipment; and furnishing of all labor, materials, tools, equipment, mechanical workmanship, transportation and services necessary in order to perform a complete job in all respect as indicated on the plans and specifications, which are by reference made a part hereof, as specified herein, and as directed by the Engineer. Bidders are invited to provide bids for the following participating public agencies: City of Concord, County of Alameda, and County of Sonoma ( Agencies or Agency ). The lead agency is the County of Alameda, which has consolidated information from the Agencies into this bid solicitation and will be facilitating communication between bidders and Agencies during the bidding period, and issuing Addenda, if required. However, the successful bidder(s) shall enter into individual contract(s) directly with each Agency. The individual contracts will have different terms. The Disadvantaged Business Enterprise (DBE) Contract goal is 21 percent. The DBE goal applies to the entire project as a whole and will be evaluated as an aggregated average of the multiple contracts. 1 P age

7 A mandatory pre bid meeting is scheduled for Tuesday, December 1, 2015 at 8:30 AM, at 1401 Lakeside Drive, Room 1107, Oakland, CA. This meeting is to inform bidders of project requirements and subcontractors of subcontracting and material supply opportunities. Bid Proposals from prime contractors that fail to attend this mandatory pre bid meeting and mandatory field visits will be rejected. Mandatory field visits are scheduled as follows: Tuesday, December 1, 2015: o 1440 Guerneville Rd., Santa Rosa, CA o 2680 Ventura Ave., Santa Rosa, CA o th Street, Santa Rosa, CA Wednesday, December 2, 2015: o 1350 Galindo St., Concord, CA o 1455 Gasoline Alley, Concord, CA o 1950 Parkside Dr., Concord, CA o 6175 Madigan Rd., Dublin, CA Thursday, December 3, 2015: o th St., Oakland, CA o Foothill Blvd., San Leandro, CA o 399 Elmhurst St., Hayward, CA o 951 Turner Ct., Hayward, CA All field visits will begin at 8 AM, except for Tuesday December 1, which will begin after the pre bid meeting. A preconstruction conference will be scheduled with the Contractor after the contract has been fully executed and prior to the start of the project. THIS PROJECT IS SUBJECT TO THE "BUY AMERICA" PROVISIONS OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 AS AMENDED BY THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF Bids are required for the entire work described herein. The Contractor shall possess a Class A or C 10 license at the time this contract is awarded. This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code Section Inquiries or questions based on alleged patent ambiguity of the plans, specifications or estimate must be communicated as a bidder inquiry prior to bid opening. Any such inquiries or questions, submitted after bid opening, will not be treated as a bid protest. Plans and specifications may be viewed and purchased by any prospective bidder online at: Alternatively, by contacting: 1. Central Blue Print at East 14th Street, Hayward, CA ( ) 2. East Bay Blue Print and Supply at th Avenue, Oakland, CA ( ) 3. Custom Blue Print, 1944 Mt. Diablo Boulevard, Walnut Creek, CA ( ) All questions should be directed to the Contract Administration Office, County of Alameda, Hayward, California, telephone (510) P age

8 The County of Alameda affirms that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. The successful bidder shall furnish a payment bond and a performance bond for the benefit of each Agency. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at County of Alameda and available from the California Department of Industrial Relations Internet web site at The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the books issued for bidding purposes entitled "Proposal and Contract," and in copies of this book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of "Proposal and Contract" books. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. Attention is directed to the Federal minimum wage rate requirements in the books entitled "Proposal and Contract." If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question. The U.S. Department of Transportation (DOT) provides a toll free hotline service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m., Eastern Time, Telephone No Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report these activities. The hotline is part of the DOT s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. The Board of Supervisors reserves the right to reject any or all bids and any or all items of such bids. BY ORDER OF THE BOARD OF SUPERVISORS, COUNTY OF ALAMEDA, STATE OF CALIFORNIA Clerk of the Board of Supervisors County of Alameda, State of California END OF NOTICE TO BIDDERS 3 P age

9 INSTRUCTIONS TO BIDDERS SUBMISSION OF BIDS The bidders shall carefully examine the Contract Documents and satisfy themselves as to the sufficiency thereof. The Contract Documents shall include the Permits, Licenses, Agreements & Certifications (PLACs). Should any discrepancies or omissions in the Contract Documents be discovered, bidders shall report such discovery immediately to the Engineer for a decision; and shall not, at any time after the submission of the bids, dispute or complain of such Contract Documents and the directions explaining them or interpreting them, nor assert that there is any misunderstanding in regard to the location, extent, or nature or amount of work to be performed. Bidders are presumed to have visited and inspected the site of the work and familiarized themselves with the conditions there existing, as well as all other conditions relating to the construction and labor under which the work will be performed. The submittal of a bid will be considered an acknowledgment on the part of the bidder of familiarity with conditions at the site of the work. The bidders are expressly notified prior to the submission of bids that no deviation from the Contract Documents will be allowed unless formally approved in writing by the Public Works Director or his authorized agent and issued as an Addendum. Bidders desiring explanation concerning any portion of the work during the time of estimating may obtain the same by making application, in writing, to the Engineer or his assigned agent, with the provision that such requests for explanation shall be placed with the Engineer at least five (5) WORKING days before the date set for the submission of the bids. No bid will be accepted from, or a contract awarded to any party or firm in arrears to the County of Alameda, or who is a defaulter as a surety, contractor, or otherwise. No person, firm, or corporation will be allowed to make or file or be interested in more than one bid for the same work, unless alternative bids are called for. A person, firm, or corporation who has submitted a subproposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a sub proposal or quoting prices to other bidders. No bidder will be considered by the Board of Supervisors unless such bidder is believed by said Board to be authorized by law to execute the contract or perform the work for which such bid is received. However, should it appear to said Board of Supervisors, at any time, that any bidder is not or might not be authorized by law to execute the contract or perform such work, then said Board of Supervisors at its sole discretion may at any time reject any bid, or refuse to execute any contract with such bidder regardless of whether or not the contract had been previously awarded by said Board and without any liability whatever on the part of County of Alameda, its Board of Supervisors, or any member of the Board of Supervisors, or the County's officers, employees, or its agents, either as individuals or in official capacities. When a bid is submitted by a firm, partnership or corporation, it must be signed in the name of such firm, partnership or corporation by a duly authorized officer or agent thereof. Bidders shall observe in the Contract Documents that provision is made for unit prices covering various items of work, and they shall be required to submit these unit prices, in full, as noted in the BID PROPOSAL forms furnished them by the Public Works Agency. 4 P age

10 When provided, the quantities on the BIDDING SHEET are approximate and given for the purpose of comparing bids only. A quantity designated as a final quantity on the Contract Documents or specified under the bid items shall be the quantity for which payment will be made unless the work as shown on the Contract Documents is revised by the Engineer. The County does not expressly or by implication agree or guarantee that the actual amount of work will correspond to the preliminary estimate or to the quantities set forth, but reserves the right, insofar as authorized by law, to increase or decrease the amount of any class or portion of the work, or to omit portions of the work as may be deemed necessary or expedient by the Engineer. The Bidder shall make his own estimate as to required quantities based upon the Contract Documents and his examination of the site of the work. Work, complete and in place, will be paid for on the unit price basis as set forth in the Bidder s bid proposal for work actually done and as outlined in the Contract Documents. The Bidder must include in his bid price the furnishing of all labor, material, and equipment, and the performance of all work necessary to make a complete job regardless of any omission of details in the Contract Documents. Bids are required for the entire work. No aggregate bids will be received. The contract will be awarded as a whole to the lowest responsible bidder whose proposal complies with all requirements prescribed. The Board reserves the right to waive any non material irregularities in the bid proposal document. The price bid shall include any Federal or State Tax payable on articles to be furnished under the contract. Bids shall not contain any revision of the work to be done. Alternative proposals will not be considered. No oral, telegraphic or telephonic proposals or modifications will be considered. It is the sole responsibility of the bidder to see that the intended bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. Whenever the Contract Documents indicate or specify by patent or proprietary name and/or by a name of manufacturer the use or inclusion of any material, process, device or article, such specifications shall be deemed to be used for the purpose of facilitating description of material, process, device or article desired, and shall be deemed to be followed by the words or approved equal, and the Contractor may offer the County any material, process, device or article which shall be equal in every respect to that so indicated or specified; provided, however, that if the material, process, device or article offered by the Contractor is not, in the opinion of the Engineer, equal in every respect to that specified, then the Contractor must furnish the material, process, device or article specified, or one that, in the opinion of the Engineer, is the equal thereof in every respect. PROPOSAL GUARANTY All bids for the work shall be accompanied by a deposit equal to ten percent (10%) of the total amount bid. All bids must be made on BID PROPOSAL forms enclosed with the Project Specifications or obtained at the Public Works Agency, 951 Turner Court, Room 100, Hayward, CA 94545; said forms shall include, but are not limited to: a description locating and describing the proposed work; the amount of the bid; a statement that the Bidder has examined the Contract Documents and the site; and must be signed in longhand by the bidder and accompanied by a deposit in an amount equal to at least ten (10%) percent of the total amount bid (the amount bid shall be the highest amount of the base bid plus any allowances, prebid amounts or alternates), as indicated on the BID BOND form which is a part of the BID PROPOSAL; and these forms shall be submitted sealed within the BID envelope. This deposit may be cash, cashier s check, certified check (certified without qualification and drawn on a solvent bank of the State of California or a National Bank doing business in the State of California), made 5 P age

11 payable to the relevant Agency, as necessary, or Bid Bond prepared on the forms provided by the Agencies, or the bid will not be considered; this aforesaid deposit is to serve as agreed and liquidated damages should the party or parties to whom any contract(s) is awarded fail to enter into the contract(s) after the award, or fail to give the bond required for the faithful performance of the contract, or fail to furnish any other bond required by law. SUBCONTRACTOR LISTING OF PERCENT WORK Refer to requirements in Bid Proposal. PREVAILING WAGES Refer to requirements in Notice to Bidders. DBE PARTICIPATION FOR FEDERALLY FUNDED PROJECTS Refer to requirements in the Special Provisions. BID PROTEST PROCEDURES The County of Alameda, as lead agency, prides itself on the establishment of fair and competitive contracting procedures and the commitment made to following those procedures. The following is provided in the event that bidders wish to protest the bid process or appeal the recommendation to award a contract for this project once the Notices of Intent to Award/Non Award have been issued. Bid protests submitted prior to issuance of the Notices of Intent to Award/Non Award will not be accepted. Any bid protest, by any Bidder regarding any other bid, must be submitted in writing to the County s Public Works Agency Deputy Director, Construction and Development, located at 951 Turner Court, Hayward, CA 94544, Fax: (510) , before 5:00 p.m. of the FIFTH (5 th ) business day following the Bid Opening. a) The protest must contain a complete statement of any and all basis for the protest. b) The protest must refer to the specific portions of any and all documents that form the basis for the protest. c) The protest must include the name, address, address, fax number, and telephone number of the person representing the protesting party. d) The lead agency will transmit a copy of the bid protest to all bidders as soon as possible after receipt of the protest. e) Upon receipt of written protest, Alameda County s Public Works Agency Deputy Director, or his designee, will review and evaluate the protest and issue a written decision. Alameda County s Public Works Agency Deputy Director, may, at his discretion, investigate the protest, obtain additional information, provide an opportunity to settle the protest by mutual agreement, and/or schedule a meeting(s) with the protesting Bidder and others (as appropriate) to discuss the protest. The Deputy Director will schedule a meeting to discuss or will issue a written response regarding the Public Works Agency s decision on the protest within five (5) business days of receipt of the bid protest. f) The Public Works Agency Deputy Director s written response will inform the bidder whether or not the Agency s recommendation to the Board is going to change. A copy of the decision will be furnished to all bidders affected by the decision. As used in this paragraph, a bidder is affected by the decision on a bid protest if a decision on the protest could have resulted in the bidder not being the apparent successful bidder on the bid. g) The decision of the Public Works Agency Deputy Director, Construction and Development, on the bid protest may be appealed to the Auditor Controller s Office of Contract Compliance (OCC) located at 1221 Oak St., Rm. 249, Oakland, CA 94612, Fax: (510) The bidder whose bid is the subject of the protest, all 6 P age

12 bidders affected by the Public Works Agency Deputy Director, Construction and Development s decision on the protest, and the protestor have the right to appeal if not satisfied with the Public Works Agency Deputy Director, Construction and Development 's decision. All appeals to the Auditor Controller's OCC shall be in writing and submitted within five (5) business days following the issuance of the decision by the Public Works Agency Deputy Director, Construction and Development, not the date received by the Bidder. An appeal received after 5:00 p.m. is considered received as of the next business day. An appeal received after the FIFTH (5th) business day following the date of issuance of the decision by the Public Works Agency Deputy Director, Construction and Development shall not be considered under any circumstances by the County or the Auditor Controller OCC. In reviewing protest appeals, the OCC will not re judge the proposal(s). The appeal to the OCC shall be limited to review of the procurement process to determine if the contracting department materially erred in following the bid or, where appropriate, County contracting policies or other laws and regulations. h) The appeal to the OCC also shall be limited to the grounds raised in the original protest and the decision by the Public Works Agency Deputy Director, Construction and Development. As such, a bidder is prohibited from stating new grounds for a bid protest in its appeal. The Auditor Controller (OCC) shall only review the materials and conclusions reached by the Public Works Agency Deputy Director, Construction and Development or his designee, and will determine whether to uphold or overturn the protest decision. i) The Auditor s Office may overturn the results of a bid process for ethical violations by Procurement & Support Services staff, County Selection Committee members, subject matter experts, or any other County staff managing or participating in the competitive bid process, regardless of timing or the contents of a bid protest. j) The decision of the Auditor Controller s OCC is the final step of the appeal process. A copy of the decision of the Auditor Controller s OCC will be furnished to the protestor, the bidder whose bid is the subject of the bid protest, and all bidders affected by the decision. k) The decision of the Auditor Controller s OCC is the final step of the appeal process, and the OCC s conclusions will be forwarded to the Board of Supervisors for its consideration in awarding the contract(s). l) The procedures and time limits set forth in this paragraph are mandatory and are each bidder's sole and exclusive remedy in the event of bid protest. A bidder s failure to timely complete both the bid protest and appeal procedures shall be deemed a failure to exhaust administrative remedies. Failure to exhaust administrative remedies, or failure to comply otherwise with these procedures, shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. AWARD OF CONTRACT The award of the contracts, if they are awarded, will be to the lowest responsible bidder whose proposal complies with all the prescribed requirements. Such award, if made, will normally be made within days after the opening of the PROPOSALS. If the lowest responsible bidder refuses or fails to properly execute the contract with each Agency and the required bonds within 15 days of receipt of said contract and bonds, the Board of Supervisors may award the contract to the second lowest responsible bidder. Such award, if made, will normally be made within 45 days after the opening of the PROPOSALS. If the second lowest responsible bidder refuses or fails to properly execute the contract and the required bonds within 15 days of receipt of same, the Board of Supervisors may award the contract to the third lowest responsible bidder. Such award, if made, will normally be made within 60 days after the opening of the PROPOSALS. The time periods specified above within which the award of the contract may be made shall be subject to extension for such further period of time as may be agreed upon in writing between the County and the Bidder concerned. The Board of Supervisors reserves the right to reject any and all bids. Failure of the successful bidder, the second successful bidder, or the third successful bidder to properly execute the contract and prescribed bonds as provided herein shall automatically cancel the notice of award and cause 7 P age

13 the deposit to be retained by the County of Alameda as liquidated damages because of such default, and not as a penalty therefor. The cash deposits or the checks of the successful bidder and of the next two lowest bidders will be returned after the contract is duly entered into by the successful bidder. All cash deposits, cashier s checks and certified checks of additional unsuccessful bidders will be returned to the bidders within two weeks from the date set for the submission of bids. The successful bidder, simultaneously with the execution of each contract, will be required to furnish for each Agency: comprehensive general liability and workmen s compensation insurance policies as more fully described in these special provisions; Labor and Material and Unemployment Insurance Bonds in an amount equal to one hundred percent (100%) of each contract price, and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of each contract price. These bonds must be issued by a corporation or corporations, duly and legally licensed in the State of California. The form of contract which the successful bidder, as Contractor, will be required to execute and the forms of bonds which will be required, are on file at the Alameda County Public Works Agency, 951 Turner Court, Room 100, Hayward, California These forms may be examined upon request. The contract and bonds shall be executed in four (4) original counterparts. Upon fulfillment of all the requirements for award by the lowest responsible bidder and receipt of a contract executed by the County, the final award is considered made and all the terms and conditions of the Contract Documents shall be binding upon the parties thereto. The lead agency is the County of Alameda, which has consolidated information from the Agencies into this bid solicitation and will be facilitating communication between bidders and Agencies during the bidding period, and issuing Addenda, if required. However, the successful bidder(s) shall enter into individual contract(s) directly with each Agency. The individual contracts will have different terms, including FOB points and contract start dates. Each individual contract may be extended for additional periods at the option of the contracting Agency. BEGINNING OF WORK The Contractor shall begin work upon receipt of the NOTICE TO PROCEED in accordance with SECTION 8 PROSECUTION AND PROGRESS of the Special Provisions. An assigned Engineer for each Agency will administer the contract, and will decide all questions which may arise as to the quality or acceptability of materials furnished and work performed which is to be in strict accordance with the Contract Documents. In order that each governing authority can act expeditiously, all communications from the Contractor to any governing authority will be through the designated engineer or his authorized agent and all communications and instructions from the governing authority to the Contractor will be through the authorized agent of the Engineer. Each governing authority reserves the right to alter this procedure without the consent of the Contractor. All questions in regard to the interpretations of the scope or meaning of the Contract Documents, and the adjustments of discrepancies within or between the Contract Documents, shall be referred to the Engineer of the County of Alameda whose decision thereon will be final. If any work is performed by the Contractor, the Contractor will not be paid for the same unless it is done pursuant to a written contract for such work legally entered into between the Contractor and each Agency. 8 P age

14 END OF INSTRUCTIONS TO BIDDERS 9 P age

15 PROPOSAL AND CONTRACT FOR INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS AT VARIOUS LOCATIONS IN THE COUNTIES OF ALAMEDA AND SONOMA AND THE CITY OF CONTRA COSTA FEDERAL AID PROJECT NO. CML 5933(109) For use in connection with Standard Specifications and Standard Plans dated 2010, and the Most Current Revised Standard Specifications (RSS) of the California Department of Transportation, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished. Part A (Proposal and Contract) is to be submitted at the time of Bid Opening. Part B (Supplemental Documents) is to be submitted by the three apparent lowest bidders by 2 P.M., two (2) business days after Bid Opening. Specification No. F Bid Opening Date: January 5, 2016, 2 P.M. 10 P age

16 PROPOSAL TO THE COUNTY OF ALAMEDA PUBLIC WORKS AGENCY NAME OF BIDDER BUSINESS P. O. BOX CITY, STATE, ZIP BUSINESS STREET ADDRESS (Please include even if P.O. Box used) CITY, STATE, ZIP TELEPHONE NO: FAX NO: AREA CODE AREA CODE CONTRACTOR LICENSE NO. The work for which this proposal is submitted is for construction in conformance with the special provisions (including the payment of not less than the State general prevailing wage rates or Federal minimum wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the California Department of Transportation Standard Plans and Standard Specifications, dated 2010, and the subsequent errata and amendments, the Labor Surcharge And Equipment Rental Rates in effect on the date the work is accomplished. The project plans and special provisions for the work to be done are entitled: INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS AT VARIOUS LOCATIONS IN THE COUNTIES OF ALAMEDA, CONTRA COSTA, AND SONOMA FEDERAL AID PROJECT NO. CML 5933(109) Bids are to be submitted for the entire work. Bids that do not include pricing for all locations in the bidding sheet are incomplete and will be rejected. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price, a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one tenth, or one hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage wise the unit price or item total in the County's Final Estimate of Cost. 11 P age

17 If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided. Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the item total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the COUNTY OF ALAMEDA, and that discretion will be exercised in the manner deemed by the COUNTY OF ALAMEDA to best protect the public interest in the prompt and economical completion of the work. The decision of the COUNTY OF ALAMEDA respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish all performance and payment bonds in the sums required by the State Contract Act, with surety satisfactory to the Agencies within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the lead agency that the contract has been awarded, the Agencies may, at their option, determine that the bidder has abandoned the contract and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the respective Agency or Agencies. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the relevant awarding Agency, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus, and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor at the following prices, to wit: 12 P age

18 BIDDING SHEET # ITEM QUANTITY UNIT UNIT COST COST ALCO Park Parking Garage Alameda County 100 Mobilization 1 LS 102 Install Conduit Aboveground 1 LS 103 Electrical Equipment 1 LS 104 Bollards 1 LS 105 Pickup and Install Charging Stations 1 LS Department of Public Works Alameda County 200 Mobilization 1 LS Install Conduit Underground Install Conduit Aboveground 1 LS 1 LS 203 Electrical Equipment 1 LS 204 Bollards 1 LS 205 Pickup and Install Charging Station 1 LS Santa Rita County Jail Alameda County 300 Mobilization 1 LS 301 Install Conduit Aboveground 1 LS 303 Electrical Equipment 1 LS 304 Bollards 1 LS 305 Pickup and Install Charging Stations 1 LS Willow Rock Center Alameda County 400 Mobilization 1 LS Install Conduit Underground Install Conduit Aboveground 1 LS 1 LS 403 Electrical Equipment 1 LS 404 Bollards 1 LS 405 Pickup and Install Charging Stations 1 LS 13 P age

19 # ITEM QUANTITY UNIT UNIT COST COST Winton Campus PWA Annex Building Alameda County 500 Mobilization 1 LS 502 Install Conduit Aboveground 1 LS 503 Electrical Equipment 1 LS 504 Bollards 1 LS 505 # Not Used Pickup and Install Charging Station 1 LS Police Department Concord 800 Mobilization 1 LS Install Conduit Underground Install Conduit Aboveground 1 LS 1 LS 803 Electrical Equipment 1 LS 804 Bollards 1 LS 805 Pickup and Install Charging Station 1 LS Facilities Maintenance/Engineering Concord 900 Mobilization 1 LS Install Conduit Underground Install Conduit Aboveground 1 LS 1 LS 903 Electrical Equipment 1 LS 904 Bollards 1 LS 905 Pickup and Install Charging Station 1 LS Civic Center Concord 1000 Mobilization 1 LS Install Conduit Underground Install Conduit Aboveground 1 LS 1 LS 1003 Electrical Equipment 1 LS 1004 Bollards 1 LS 1005 Pickup and Install Charging Station 1 LS 14 P age

20 # ITEM QUANTITY UNIT UNIT COST COST Community Development Commission Sonoma County 1100 Mobilization 1 LS Install Conduit Underground Install Conduit Aboveground 1 LS 1 LS 1103 Electrical Equipment 1 LS 1104 Bollards 1 LS 1105 Pickup and Install Charging Station 1 LS Facilities Operations Sonoma County 1200 Mobilization 1 LS Install Conduit Underground Install Conduit Aboveground 1 LS 1 LS 1203 Electrical Equipment 1 LS 1204 Bollards 1 LS 1205 Pickup and Install Charging Station 1 LS Environmental Heath Sonoma County 1300 Mobilization 1 LS Install Conduit Underground Install Conduit Aboveground 1 LS 1 LS 1303 Electrical Equipment 1 LS 1304 Bollards 1 LS 1305 Pickup and Install Charging Station 1 LS TOTAL BID: (IN WORDS) TOTAL BID: $ (IN NUMBERS) The prices bid include all State, Federal, and other taxes applicable to this project. Bidder s Name 15 P age

21 DO NOT MARK BELOW. FOR COUNTY USE ONLY. Bid Summary Accepted Rejected Total Bid XXXXX Final Total: XXXXX 16 P age

22 LISTING OF SUBCONTRACTORS TO BE USED IN THE CONTRACT The Bidder shall list the name and address of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions of the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code, Section , Required Listing of Proposed Subcontractors, of the Standard Specifications and Section , General, of the Special Provisions. The Bidder shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one half (1/2) of one percent (1%) of the total bid or $10,000, whichever is greater. The bidder shall list all subcontractors (both DBE and Non DBE) proposed to be used in the project by completing Exhibit 12 B, Bidder s List of Subcontractors (DBE and Non DBE) Part I. This information must be submitted with the bid proposal at bid opening. The bidder shall also list all subcontractors (both DBE and Non DBE) who provided a quote or bid but were not selected to participate as a subcontractor in the project by completing Exhibit 12 B, Bidder s List of Subcontractors (DBE and Non DBE) Part II. This information is required for compliance with title 49, Section 26 of the Code of Federal Regulations and is due at 2 PM, two (2) business days after bid opening. 17 P age

23 BIDDER S LIST OF SUBCONTRACTORS (DBE AND NON DBE) EXHIBIT 12 B BIDDER S LIST OF SUBCONTRACTORS (DBE and NON DBE) PART I The bidder shall list all subcontractors (both DBE and non DBE) in accordance with Section of the Standard Specifications and per Title 49, Section of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms. Firm Name/ Address/ City, State, ZIP Phone/ Fax/ DIR Reg. #/ Contractor s License # Annual Gross Receipts Description of Portion of Work to be Performed Name Phone < $1 million YES < $5 million NO Local Agency Use Only (Certified DBE?) Address Fax < $10 million If YES list DBE #: DIR Reg. # < $15 million City State ZIP License # > $15 million Age of Firm (Yrs.) Name Phone < $1 million YES < $5 million NO Address Fax < $10 million If YES list DBE #: DIR Reg. # < $15 million City State ZIP License # > $15 million Age of Firm (Yrs.) Name Phone < $1 million YES < $5 million NO Address Fax < $10 million If YES list DBE #: DIR Reg. # < $15 million City State ZIP License # > $15 million Age of Firm (Yrs.) Name Phone < $1 million YES < $5 million NO Address Fax < $10 million If YES list DBE #: DIR Reg. # < $15 million City State ZIP License # > $15 million Age of Firm (Yrs.) (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) 18 P age

24 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder, proposed subcontractor, hereby certifies that he has, has not, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR (b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO 1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 19 P age

25 PUBLIC CONTRACT CODE PUBLIC CONTRACT CODE SECTION STATEMENT In conformance with Public Contract Code Section (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has, has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. 20 P age

26 Public Contract Code Statement In conformance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 21 P age

27 NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the COUNTY OF ALAMEDA PUBLIC WORKS AGENCY, CITY OF CONCORD, AND COUNTY OF SONOMA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 22 P age

28 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 23 P age

29 NON LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (l) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. 24 P age

30 CERTIFICATION OF COMPLIANCE IRAN CONTRACTING ACT OF 2010 (Applicable to Contract Value of $1 million or more) The Contractor certifies under penalty of perjury that it is not prohibited from submitting this bid by the provisions of the Iran Contracting Act of 2010 (Public Contract Code sections ). Note: Providing a false certification will result in referral to the Attorney General for prosecution and imposition of substantial civil penalties up to twice the contract value and a prohibition from bidding on public entity contracts for a period of three years. Providing a false certification may result in termination of an awarded contract. The above certification is part of the Bid Proposal. Failure to complete this certification will result in the bid being deemed incomplete and non responsive. 25 P age

31 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier, if known Congressional District, if known Congressional District, if known 6. Federal Department/Agency: 7. Federal Program Name/Description: 8. Federal Action Number, if known: 9. Award Amount, if known: CFDA Number, if applicable 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual planned a. retainer b. one time fee 12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee b. in kind; specify: nature e deferred value f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes No 16. Information requested through this form is authorized by Title 31 U.S.C. Section This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Print Name: Title: Federal Use Only: Telephone No.: Date: Authorized for Local Reproduction Standard Form LLL Standard Form LLL Rev P age

32 INSTRUCTIONS FOR COMPLETION OF SF LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. Section The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP DE " 9. For a covered federal action where there has been an award or loan commitment by the federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in kind contribution, specify the nature and value of the in kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 27 P age

33 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form; print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project ( ), Washington, D.C P age

34 Accompanying this proposal is (NOTICE: INSERT THE WORDS "CASH($ )," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. Licensed in conformance with an act providing for the registration of Contractors, License No. Classification(s) ADDENDA This Proposal is submitted with respect to the changes to the contract included in addenda number/s (Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.) By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements under Public Contract Code Sections , 10162, and are true and correct and that the bidder has complied with the requirements of 41 CFR (b)(1). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct. Date: Sign Here Signature and Title of Bidder Business Address Place of Business Place of Residence 29 P age

35 BID BOND ALAMEDA COUNTY (NOTE: Bidders Must Use This Form Not a Surety Company Form) KNOW ALL PERSONS BY THESE PRESENTS; That the undersigned,, as PRINCIPAL, and a corporation organized and existing under and by virtue of the laws of the State of and authorized to do business in the State of California, as SURETY, are hereby held and firmly bound unto the COUNTY OF ALAMEDA in an amount equal to ten percent (10%) of the total amount bid ( ) Dollars lawful money of the United State of America, for the payment of which sum well and truly to be made as agreed and liquidated damages, we and each of us, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT whereas the PRINCIPAL has submitted to COUNTY OF ALAMEDA, a certain bid for work required for the project described below: which work is specifically described in the accompanying bid. NOW, THEREFORE, if said bid shall be rejected, or in the alternate, if said bid shall be accepted and the PRINCIPAL, within the time and in the manner described under the specifications, enters into a written contract in accordance with the bid and files the two bonds, one guaranteeing faithful performance of the work to be done and the other guaranteeing payment for labor and materials, as required by law, then the obligation shall be null and void; otherwise, the same shall remain in full force and effect. The SURETY, for value received, hereby stipulates and agrees that the obligation of said SURETY and its bond shall be in no way impaired or affected by an extension of the time within which the COUNTY may accept such bid; and said SURETY does hereby waive notice of any such extension. In the event suit is brought upon this bond by the COUNTY OF ALAMEDA and judgment is recovered, the SURETY shall pay all costs incurred by said COUNTY in bringing such suit, including a reasonable attorney s fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of, SURETY By PRINCIPAL By 30 P age

36 BID BOND CITY OF CONCORD (NOTE: Bidders Must Use This Form Not a Surety Company Form) KNOW ALL PERSONS BY THESE PRESENTS; That the undersigned,, as PRINCIPAL, and a corporation organized and existing under and by virtue of the laws of the State of and authorized to do business in the State of California, as SURETY, are hereby held and firmly bound unto the City of Concord in an amount equal to ten percent (10%) of the total amount bid ( ) Dollars lawful money of the United State of America, for the payment of which sum well and truly to be made as agreed and liquidated damages, we and each of us, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT whereas the PRINCIPAL has submitted to CITY OF CONCORD a certain bid for work required for the project described below: which work is specifically described in the accompanying bid. NOW, THEREFORE, if said bid shall be rejected, or in the alternate, if said bid shall be accepted and the PRINCIPAL, within the time and in the manner described under the specifications, enters into a written contract in accordance with the bid and files the two bonds, one guaranteeing faithful performance of the work to be done and the other guaranteeing payment for labor and materials, as required by law, then the obligation shall be null and void; otherwise, the same shall remain in full force and effect. The SURETY, for value received, hereby stipulates and agrees that the obligation of said SURETY and its bond shall be in no way impaired or affected by an extension of the time within which the City may accept such bid; and said SURETY does hereby waive notice of any such extension. In the event suit is brought upon this bond by the City of Concord and judgment is recovered, the SURETY shall pay all costs incurred by said City in bringing such suit, including a reasonable attorney s fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of, SURETY By PRINCIPAL By 31 P age

37 BID BOND SONOMA COUNTY (NOTE: Bidders Must Use This Form Not a Surety Company Form) KNOW ALL PERSONS BY THESE PRESENTS; That the undersigned,, as PRINCIPAL, and a corporation organized and existing under and by virtue of the laws of the State of and authorized to do business in the State of California, as SURETY, are hereby held and firmly bound unto the COUNTY OF SONOMA in an amount equal to ten percent (10%) of the total amount bid ( ) Dollars lawful money of the United State of America, for the payment of which sum well and truly to be made as agreed and liquidated damages, we and each of us, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT whereas the PRINCIPAL has submitted to COUNTY OF SONOMA, a certain bid for work required for the project described below: which work is specifically described in the accompanying bid. NOW, THEREFORE, if said bid shall be rejected, or in the alternate, if said bid shall be accepted and the PRINCIPAL, within the time and in the manner described under the specifications, enters into a written contract in accordance with the bid and files the two bonds, one guaranteeing faithful performance of the work to be done and the other guaranteeing payment for labor and materials, as required by law, then the obligation shall be null and void; otherwise, the same shall remain in full force and effect. The SURETY, for value received, hereby stipulates and agrees that the obligation of said SURETY and its bond shall be in no way impaired or affected by an extension of the time within which the COUNTY may accept such bid; and said SURETY does hereby waive notice of any such extension. In the event suit is brought upon this bond by the COUNTY OF SONOMA and judgment is recovered, the SURETY shall pay all costs incurred by said COUNTY in bringing such suit, including a reasonable attorney s fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of, SURETY By PRINCIPAL By 32 P age

38 CONTRACT NO. CONTRACT (FOR INFORMATION ONLY) THIS AGREEMENT, made and concluded, in quadruplicate, this day of, 2015, between the County of Alameda, a political subdivision of the State of California, hereinafter designated as the party of the first part, and, Contractor, party of the second part. ARTICLE I. WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the 2 bonds, bearing even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the County Engineer of Alameda County, the work described in the special provisions and the project plans described below, including any addenda thereto, and also in accordance with the General Terms and Conditions hereinafter specified in this Agreement, the California Department of Transportation Standard Plans, dated July, 1997, the Standard Specifications, dated July, 1995, and the Labor Surcharge And Equipment Rental Rates in effect on the date the work is accomplished, which said special provisions, project plans, Standard Plans, Standard Specifications, and Labor Surcharge And Equipment Rental Rates are hereby specially referred to and by such reference made a part hereof. The project specifications, special provisions and plans, and the contractor s bid proposal, as accepted by the adoption of Resolution No., for the project, are now on file in the Alameda County Public Works Agency Construction Department. The project plans and special provisions for the work to be done are entitled: Installation of Electric Vehicle Charging Stations At Various Locations in the Counties of Alameda, Contra Costa, and Sonoma ARTICLE II. The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE III. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ARTICLE IV. And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the COUNTY OF ALAMEDA, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit: 33 P age

39 BID ITEMS Item No. Item Code Item Unit of Measure Estimated Quantity Unit Price (In Figures) Item Total (In Figures) (Items in CONTRACT will be the same as those bid in PROPOSAL) IN WITNESS WHEREOF, the parties to these presents have here unto set their hands the year and date first above written CONTRACTOR COUNTY OF ALAMEDA By: Address: By: President, Board of Supervisors, County of Alameda, State of California Phone: License No. Fed. Employer Identification No. 34 P age

40 Approved as to Form DONNA R. ZIEGLER, County Counsel By: Deputy Approved Effective I hereby certify under penalty of perjury that the President of the board of Supervisors was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on ; and that a copy has been delivered to the President as provided by government Code Section Date: ATTEST: Clerk of the Board of Supervisors, County of Alameda, State of California By: Deputy 35 P age

41 COUNTY OF ALAMEDA GENERAL TERMS AND CONDITIONS 1. INDEPENDENT CONTRACTOR: No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an independent contractor. Contractor is not the agent or employee of the County in any capacity whatsoever, and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor. Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance medical care, hospital care, retirement benefits, social security, disability, Workers Compensation, or unemployment insurance benefits, civil service protection, or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractor s failure to pay such amounts. In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state workers compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered as independent contractors and shall not be treated or considered in any way as officers, agents and/or employees of County. Contractor does, by this Agreement, agree to perform his/her said work and functions at all times in strict accordance with currently approved methods and practices in his/her field and that the sole interest of County is to insure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards required by the County agency concerned. Notwithstanding the foregoing, if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding, County may upon two week s notice to Contractor, withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments 2. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the County of Alameda, its Board of Supervisors, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or to injury to or destruction of property, including the loss therefrom, or to any violation of federal, state or municipal law or regulation, which arises out of or is any way connected with the performance of this agreement (collectively Liabilities ) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee. The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder. The obligations of this indemnity shall be for the full amount of all damage to County, including defense costs, and shall not be limited by any insurance limits. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County, Contractor shall indemnify, defend, and hold harmless County for the payment of any employee and/or employer contributions for ACERA and PERS benefits on behalf of Contractor or 36 P age

42 its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of County. 3. INSURANCE AND BOND: Contractor shall at all times during the term of the Agreement with the County maintain in force, at minimum, those insurance policies and bonds as designated in the attached Exhibit C, and will comply with all those requirements as stated therein. The County and all parties as set forth on Exhibit C shall be considered an additional insured or loss payee if applicable. All of Contractor s available insurance coverage and proceeds in excess of the specified minimum limits shall be available to satisfy any and all claims of the County, including defense costs and damages. Any insurance limitations are independent of and shall not limit the indemnification terms of this Agreement. Contractor s insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non contributory and will not seek contribution from any other insurance (or self insurance) available to County. Contractor s excess and umbrella insurance shall also apply on a primary and non contributory basis for the benefit of the County before County s own insurance policy or self insurance shall be called upon to protect it as a named insured. 4. PREVAILING WAGES: Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to persons performing labor in and about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract. 5. WORKERS COMPENSATION: Contractor shall provide Workers' Compensation insurance, as applicable, at Contractor's own cost and expense and further, neither the Contractor nor its carrier shall be entitled to recover from County any costs, settlements, or expenses of Workers' Compensation claims arising out of this Agreement. 6. CONFORMITY WITH LAW AND SAFETY: a. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold County harmless from any and all liability, fines, penalties and consequences from any of Contractor s failures to comply with such laws, ordinances, codes and regulations. b. Accidents: If a death, serious personal injury or substantial property damage occurs in connection with Contractor s performance of this Agreement, Contractor shall immediately notify the Alameda County Risk Manager's Office by telephone. Contractor shall promptly submit to County a written report, in such form as may be required by County of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of Contractor's sub Contractor, if any; (3) name and address of Contractor's liability insurance carrier; and (4) a detailed description of the accident and whether any of County's equipment, tools, material, or staff were involved. c. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant to the County the opportunity to review and inspect such evidence, including the scene of the accident. 7. DEBARMENT AND SUSPENSION CERTIFICATION: (Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000). 37 P age

43 a. By signing this agreement and Exhibit D, Debarment and Suspension Certification, Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to 7 Code of Federal Regulations (CFR) , 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR and Executive Order b. By signing this agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by any federal department or agency; (2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction. 8. PAYMENT: For services performed in accordance with this Agreement, payment shall be made to Contractor as provided in Exhibit B hereto. 9. TRAVEL EXPENSES: Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement. 10. CONFLICT OF INTEREST; CONFIDENTIALITY: The Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this Agreement. Without limitation, Contractor represents to and agrees with the County that Contractor has no present, and will have no future, conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife, environmental or regulatory agency) which has any interest adverse or potentially adverse to the County, as determined in the reasonable judgment of the Board of Supervisors of the County. The Contractor agrees that any information, whether proprietary or not, made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person. The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph 11 of this Agreement, if it is requested to disclose any information made known to or discovered by it during the performance of or in connection with this Agreement. These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder. 11. NOTICES: All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows: Personal delivery: When personally delivered to the recipient, notices are effective on delivery. First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt. Overnight Delivery: When delivered by overnight delivery (Federal Express/Airborne/United Parcel Service/DHL WorldWide Express) with charges prepaid or charged to the sender s account, notice is effective on delivery, if delivery is confirmed by the delivery service. Telex or facsimile transmission: When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice, notice is effective on receipt, provided that (a) a duplicate copy of the notice is promptly given by first class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by telex or facsimile 38 P age

44 shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient s time) or on a nonbusiness day. Addresses for purpose of giving notice are as follows: To County: COUNTY OF ALAMEDA Attn: To Contractor: Attn: Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service. Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement. 12. USE OF COUNTY PROPERTY: Contractor shall not use County property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of his/her obligations under this Agreement. 13. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS: Contractor assures that he/she/it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran s status, political affiliation, or any other nonmerit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. a. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran s status, political affiliation, or any other non merit factor. b. Contractor shall, if requested to so do by the County, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran s status, political affiliation, or any other non merit factor. c. If requested to do so by the County, Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. d. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act, which is prohibited by law. e. The Contractor shall include the provisions set forth in paragraphs A through D (above) in each of its subcontracts. 14. DRUG FREE WORKPLACE: Contractor and Contractor's employees shall comply with the County's policy of maintaining a drug free workplace. Neither Contractor nor Contractor's employees shall unlawfully manufacture, 39 P age

45 distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code 812, including, but not limited to, marijuana, heroin, cocaine, and amphetamines, at any County facility or work site. If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site, the Contractor within five days thereafter shall notify the head of the County department/agency for which the contract services are performed. Violation of this provision shall constitute a material breach of this Agreement 15. AUDITS; ACCESS TO RECORDS: The Contractor shall make available to the County, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursements charged to the County, and shall furnish to the County, its authorized agents, officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor. The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such books and records are not kept and maintained by Contractor within the County of Alameda, California, Contractor shall, upon request of the County, make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable, and necessary costs incurred by the County in inspecting Contractor s books and records, including, but not limited to, travel, lodging and subsistence costs. Contractor shall provide such assistance as may be reasonably required in the course of such inspection. The County further reserves the right to examine and reexamine said books, records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the County, and the Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed, whichever is later. 16. TIME OF ESSENCE: Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement. TERMINATION: The County has and reserves the right to suspend, terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County should abandon, terminate or suspend the Contractor s work, the Contractor shall be entitled to payment for goods provided hereunder and accepted by County prior to the effective date of said suspension, termination or abandonment. 17. FIRST SOURCE PROGRAM: For contracts over $100,000, Contractor shall provide County ten (10) working days to refer to Contractor, potential candidates to be considered by Contractor to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public. 18. CHOICE OF LAW: This Agreement shall be governed by the laws of the State of California. 19. WAIVER: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 20. ENTIRE AGREEMENT: This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents 40 P age

46 incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. The Agreement may not be modified except by a written document signed by both parties. 21. HEADINGS herein are for convenience of reference only and shall in no way affect interpretation of the Agreement. 22. ADVERTISING OR PUBLICITY: Contractor shall not use the name of County, its officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance. 23. MODIFICATION OF AGREEMENT: This Agreement may be supplemented, amended or modified only by the mutual agreement of the parties. No supplement, amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties. 24. ASSURANCE OF PERFORMANCE: If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement, County may request from Contractor prompt written assurances of performance and a written plan acceptable to County, to correct the observed deficiencies in Contractor s performance. Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of County s request and shall thereafter diligently commence and fully perform such written plan. Contractor acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement. 25. SUBCONTRACTING/ASSIGNMENT: Contractor shall not subcontract, assign or delegate any portion of this Agreement or any duties or obligations hereunder without the County s prior written approval. a. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. Any agreement that violates this Section shall confer no rights on any party and shall be null and void. b. Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without County s prior written approval. c. Contractor shall require all subcontractors to comply with all indemnification and insurance requirements of this agreement, including, without limitation, Exhibit C. Contractor shall verify subcontractor s compliance. d. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors. 26. SURVIVAL: The obligations of this Agreement, which by their nature would continue beyond the termination on expiration of the Agreement, including without limitation, the obligations regarding Indemnification (Paragraph 2), and Conflict of Interest (Paragraph 10), shall survive termination or expiration. 27. SEVERABILITY: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. 28. OTHER AGENCIES: Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract. The Contractor is requested to service these agencies 41 P age

47 and will be given the opportunity to accept or reject the additional requirements. If the Contractor elects to supply other agencies, orders will be placed directly by the agency and payments made directly by the agency. 29. EXTENSION: This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor 30. SIGNATORY: By signing this agreement, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement 31. APPROPRIATE CONDUCT: Proper conduct is expected of Contractor s personnel when on County premises. This includes adhering to no smoking ordinances, the drug free work place policy, not using alcoholic beverages and treating employees courteously. County has the right to request removal of any Contractor employee or subcontractor who does not properly conduct himself/herself/itself or perform quality work. Contractor personnel shall be easily identifiable as non County employees (e.g., work uniforms, badges, etc.). 32. GENERAL ENVIRONMENTAL REQUIREMENTS: Contractor shall adhere to the following policies during performance under this Agreement. a. Measure D Requirements: It is the objective of the County to purchase products with the lowest overall environmental impact from manufacturing through end of life and to procure services that achieve this same objective. To meet this objective, environmental factors and product attributes are evaluated in the procurement process. The County is mandated under Measure D to divert at least seventy five percent (75%) of material from landfill through recycling and source reduction and to encourage markets for environmentally preferable goods through its procurement process. b. Regulatory and Environmental Compliance: Manufacturers and service providers will be in compliance with all local, state, and federal environmental and worker health and safety regulations that apply to their operation. c. Recycled Content: All products for which the EPA has established minimum recycled content standard guidelines, such as those for printing and janitorial papers, construction, parks and recreational materials, etc., will contain the highest post consumer content practicable, but no less than the minimum recycled content standards established by the EPA Guidelines. See the EPA website at for a list of recycled content guidelines. d. Environmentally Friendly Packaging: Alameda County is an environmentally responsible employer and seeks all practical opportunities for waste reduction and recycling. The County, therefore, encourages its contractors to reduce waste volume and toxicity by using environmentally friendly packaging material whenever possible. Options may include backhauling product packaging to the supplier for reuse or recycling, shipping in bulk or reduced packaging, using soy bean based inks for packaging printing, using recycled product packaging or using recyclable or reusable packaging material. The County encourages all bidders and contractors for goods and services to adhere to these principles where practicable. e. Source Reduction and Packaging (only applicable when products are furnished): The County has a strong commitment to source reduction, minimizing waste generation, and reducing the County s expenditure on waste disposal and recycling. Bidders shall provide bulk packaging, reusable, or minimal packaging in providing products to the County. Packaging will be both made from recycled materials and be recyclable. Contractors should explore and provide opportunities for the reuse of packaging materials. In the bid response, Bidders shall include a written summary of their planned efforts to minimize the amount of packaging and shipping materials and should describe the post consumer recycled content of those materials. Packaging shall not contain inks, dyes, pigments, stabilizers, or any other additives to which any lead, cadmium, mercury, and hexavalent chromium has been intentionally introduced. The sum of the 42 P age

48 concentration levels of lead, cadmium, mercury, and hexavalent chromium shall not exceed one hundred (100) parts per million by weight. Packaging is discussed further in the Technical and Performance Specification section. f. Pallets and Large Volume Packaging: Pallets and large volume packaging materials will be taken back by the Contractors. The County encourages the use of pallets that meet the EPA s minimum post consumer recycled content guidelines for pallets that can be found at In the case of large volume packaging, the County prefers that the vendor reuse or recycle the material. g. Persistent Bioaccumulative Toxins: In January 2002, the County passed a resolution to encourage the reduction and where feasible, the elimination of [persistent, bioaccumulative and toxic chemical] (PBT) emissions The United States Environmental Protection Agency has established a list of twelve priority PBTs including dioxins, polychlorinated biphenyls, mercury and its compounds, lead and others. The most current list can be found at the EPA s website at Additionally, PBTs are listed in the CCR in Section Contractors must provide products and services that allow the County to comply with the PBT Resolution and must complete the certification statement included in the Attachments. The Resolution requires that the County eliminate and reduce the procurement of products and services which contain or cause the generation and release of PBTs into the environment during their manufacture, use, or destruction/disposal. Bidders should provide products that do not contain, use, or generate PBTs. If no alternative materials are available, Bidders should notify the County in writing prior to providing such materials to the County or using these materials when providing services to the County. h. Usage and Environmental Performance Reporting: The County requires regularly scheduled usage reporting from vendors for the purposes of tracking environmental purchasing performance. Requirements are discussed in greater detail in the section titled, Deliverables/Reports. The County will work with the successful Bidder to finalize the content and timing of these reports. It is highly desirable for vendors to provide annual environmental performance reports describing the vendor s environmental performance of their products and operations. i. Green Building: The County passed a green building ordinance in the year 2002 that requires County construction projects to be built to a Leadership in Energy and Environmental Design (LEED ) Silver standard and diversion of construction materials from landfill. Procurement of materials used in the construction, operation, and maintenance of buildings as well as furniture, fixtures, and other interiors will emphasize purchasing of recyclable, durable, energy efficient and low environmental impact products. j. Energy Reduction, Global Warming: In order to reduce the generation of global warming gases, as well as the County s operating costs; contractors are expected to provide energy efficient products to the County. All products for which the EPA Energy Star certification is available shall meet Energy Star certification. When Energy Star labels are not available, energy efficient products that are in the upper twenty five percent (25%) of energy efficiency as designated by the Federal Energy Management Program are required. In addition, the County encourages contractors to implement energy reduction measures in their respective operations. k. Ozone Depleters: Many products contain chlorofluorocarbons (CFC's), known depleters of ozone in the atmosphere. Under the U.S. Clean Air Act and the Montreal Protocol on Substances That Deplete the Ozone Layer, CFC production for use in industrialized nations were to be totally phased out by January 1, There are still many products on the market that contain CFC's or are made with CFC's. Contractors must identify products made with or containing CFC's and must provide alternative products whenever practical and possible. 43 P age

49 l. Material Safety Data Sheets (MSDS s): MSDS's for all hazardous substances must be included with each shipment. [END OF GENERAL TERMS AND CONDITIONS] 44 P age

50 PERFORMANCE BOND ALAMEDA COUNTY KNOW ALL MEN BY THESE PRESENTS: That the undersigned, as Principal, and, a corporation duly authorized to do business in the State of California, as Surety, are hereby held and firmly bound unto the County of Alameda in the sum of ( ) in lawful money of the United States of America, for the payment of which sum well and truly to be made to the said County of Alameda, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal entered into a contract with the said County of Alameda, which contract is hereunto annexed and made a part hereof, for accomplishment of the project described as follows: Installation of Electric Vehicle Charging Stations At Various Locations in the Counties of Alameda, Contra Costa, and Sonoma NOW, THEREFORE, if the Principal shall well, truly and faithfully perform all the undertakings, covenants, terms, conditions, and agreements of the aforesaid contract, and if the Principal shall satisfy all claims and demands incurred under the said contract, and shall fully indemnify and save harmless the County of Alameda from all costs and damages which said County may suffer by reason of failure to do so, and shall reimburse and repay the County of Alameda all outlay and expense which the said County may incur in making good any default, then this obligation shall become null and void; otherwise, this obligation shall remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any wise affect this obligation on this bond, and said Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in four counterparts, each one of which shall be deemed an original, this day of, SURETY By: PRINCIPAL By: 45 P age

51 Surety Address: Phone: The foregoing bond was accepted and approved this day of, President of the Board of Supervisors, County of Alameda, State of California I hereby certify under penalty of perjury that the President of the Board of Supervisors was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on ; and that a copy has been delivered to the President as provided by Government Code Section Dated: ATTEST: Clerk of the Board of Supervisors, County of Alameda, State of California BY: Deputy 46 P age

52 PERFORMANCE BOND CITY OF CONCORD KNOW ALL MEN BY THESE PRESENTS: That the undersigned, as Principal, and, a corporation duly authorized to do business in the State of California, as Surety, are hereby held and firmly bound unto the City of Concord in the sum of ( ) in lawful money of the United States of America, for the payment of which sum well and truly to be made to the said City of Concord, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal entered into a contract with the said City of Concord, which contract is hereunto annexed and made a part hereof, for accomplishment of the project described as follows: Installation of Electric Vehicle Charging Stations At Various Locations in the Counties of Alameda, Contra Costa, and Sonoma NOW, THEREFORE, if the Principal shall well, truly and faithfully perform all the undertakings, covenants, terms, conditions, and agreements of the aforesaid contract, and if the Principal shall satisfy all claims and demands incurred under the said contract, and shall fully indemnify and save harmless the City of Concord from all costs and damages which said City may suffer by reason of failure to do so, and shall reimburse and repay the City of Concord all outlay and expense which the said City may incur in making good any default, then this obligation shall become null and void; otherwise, this obligation shall remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any wise affect this obligation on this bond, and said Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in four counterparts, each one of which shall be deemed an original, this day of, SURETY By: PRINCIPAL By: 47 P age

53 Surety Address: Phone: The foregoing bond was accepted and approved this day of, City of Concord ATTEST: Dated: BY: 48 P age

54 PERFORMANCE BOND SONOMA COUNTY KNOW ALL MEN BY THESE PRESENTS: That the undersigned, as Principal, and, a corporation duly authorized to do business in the State of California, as Surety, are hereby held and firmly bound unto the County of Sonoma in the sum of ( ) in lawful money of the United States of America, for the payment of which sum well and truly to be made to the said County of Sonoma, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal entered into a contract with the said County of Sonoma, which contract is hereunto annexed and made a part hereof, for accomplishment of the project described as follows: Installation of Electric Vehicle Charging Stations At Various Locations in the Counties of Alameda, Contra Costa, and Sonoma NOW, THEREFORE, if the Principal shall well, truly and faithfully perform all the undertakings, covenants, terms, conditions, and agreements of the aforesaid contract, and if the Principal shall satisfy all claims and demands incurred under the said contract, and shall fully indemnify and save harmless the County of Sonoma from all costs and damages which said County may suffer by reason of failure to do so, and shall reimburse and repay the County of Sonoma all outlay and expense which the said County may incur in making good any default, then this obligation shall become null and void; otherwise, this obligation shall remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any wise affect this obligation on this bond, and said Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in four counterparts, each one of which shall be deemed an original, this day of, SURETY By: PRINCIPAL By: 49 P age

55 Surety Address: Phone: The foregoing bond was accepted and approved this day of, Sonoma County I hereby certify under penalty of perjury that the President of the Board of Supervisors was duly authorized to execute this document on behalf of the County of Sonoma by a majority vote of the Board on ; and that a copy has been delivered to the President as provided by Government Code Section ATTEST: Dated: BY: 50 P age

56 PAYMENT BOND ALAMEDA COUNTY KNOW ALL MEN BY THESE PRESENTS: That the undersigned, as Principal, and, a corporation duly authorized to do business in the State of California, as Surety, are hereby held and firmly bound unto the County of Alameda in the sum of ( ) in lawful money of the United States of America, for the payment of which sum well and truly to be made to the said County of Alameda, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal entered into a contract with the said County of Alameda, which contract is hereunto annexed and made a part hereof, for accomplishment of the project described as follows: Installation of Electric Vehicle Charging Stations At Various Locations in the Counties of Alameda, Contra Costa, and Sonoma NOW, THEREFORE, if the Principal shall promptly make payment to all person, firms, subcontractors, corporation and/or others furnishing materials for or performing labor in the prosecution of the work provided for in the aforesaid contract, and any authorized extension or modification thereof, including all amounts due for materials, equipment, mechanical repairs, transportation, tools and services consumed or used in connection with the performance of such work, all amounts that may become due under the Unemployment Insurance Act of California or to the Franchise Tax Board, and for all labor performed in connection with such work whether by subcontractor or otherwise, and all other requirements provided in Civil Code Section 3248 or other requirements imposed by law, then this obligation shall become null and void; otherwise this obligation shall remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in four counterparts, each one of which shall be deemed an original, this day of, SURETY BY: PRINCIPAL BY: 51 P age

57 Surety Address: Phone: The foregoing bond was accepted and approved this day of, President of the Board of Supervisors, County of Alameda, State of California I hereby certify under penalty of perjury that the President of the Board of Supervisors was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on ; and that a copy has been delivered to the President as provided by Government Code Section DATED: ATTEST: Clerk of the Board of Supervisors, County of Alameda, State of California By: Deputy 52 P age

58 PAYMENT BOND CITY OF CONCORD KNOW ALL MEN BY THESE PRESENTS: That the undersigned, as Principal, and, a corporation duly authorized to do business in the State of California, as Surety, are hereby held and firmly bound unto the City of Concord in the sum of ( ) in lawful money of the United States of America, for the payment of which sum well and truly to be made to the said City of Concord, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal entered into a contract with the said City of Concord, which contract is hereunto annexed and made a part hereof, for accomplishment of the project described as follows: Installation of Electric Vehicle Charging Stations At Various Locations in the Counties of Alameda, Contra Costa, and Sonoma NOW, THEREFORE, if the Principal shall promptly make payment to all person, firms, subcontractors, corporation and/or others furnishing materials for or performing labor in the prosecution of the work provided for in the aforesaid contract, and any authorized extension or modification thereof, including all amounts due for materials, equipment, mechanical repairs, transportation, tools and services consumed or used in connection with the performance of such work, all amounts that may become due under the Unemployment Insurance Act of California or to the Franchise Tax Board, and for all labor performed in connection with such work whether by subcontractor or otherwise, and all other requirements provided in Civil Code Section 3248 or other requirements imposed by law, then this obligation shall become null and void; otherwise this obligation shall remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in four counterparts, each one of which shall be deemed an original, this day of, SURETY BY: Surety Address: PRINCIPAL BY: The foregoing bond was accepted and approved this 53 P age

59 day of, Phone: City of Concord ATTEST: DATED: By: 54 P age

60 PAYMENT BOND SONOMA COUNTY KNOW ALL MEN BY THESE PRESENTS: That the undersigned, as Principal, and, a corporation duly authorized to do business in the State of California, as Surety, are hereby held and firmly bound unto the County of Sonoma in the sum of ( ) in lawful money of the United States of America, for the payment of which sum well and truly to be made to the said County of Sonoma, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal entered into a contract with the said County of Sonoma, which contract is hereunto annexed and made a part hereof, for accomplishment of the project described as follows: Installation of Electric Vehicle Charging Stations At Various Locations in the Counties of Alameda, Contra Costa, and Sonoma NOW, THEREFORE, if the Principal shall promptly make payment to all person, firms, subcontractors, corporation and/or others furnishing materials for or performing labor in the prosecution of the work provided for in the aforesaid contract, and any authorized extension or modification thereof, including all amounts due for materials, equipment, mechanical repairs, transportation, tools and services consumed or used in connection with the performance of such work, all amounts that may become due under the Unemployment Insurance Act of California or to the Franchise Tax Board, and for all labor performed in connection with such work whether by subcontractor or otherwise, and all other requirements provided in Civil Code Section 3248 or other requirements imposed by law, then this obligation shall become null and void; otherwise this obligation shall remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in four counterparts, each one of which shall be deemed an original, this day of, SURETY BY: PRINCIPAL BY: 55 P age

61 Surety Address: Phone: The foregoing bond was accepted and approved this day of, County of Sonoma I hereby certify under penalty of perjury that the President of the Board of Supervisors was duly authorized to execute this document on behalf of the County of Sonoma by a majority vote of the Board on ; and that a copy has been delivered to the President as provided by Government Code Section ATTEST: DATED: By: 56 P age

62 FEDERAL MINIMUM WAGE RATES The Federal Minimum Wage Rates are enclosed in the Special Provisions. See the Caltrans Home Page on the internet for the current rates at or contact your District Local Assistance Engineer for a hard copy. 57 P age

63 PART B: SUPPLEMENTAL DOCUMENTS FOR Installation of Electric Vehicle Charging Stations At Various Locations in the Counties of Alameda, Contra Costa, and Sonoma FEDERAL AID PROJECT NO. CML 5933(109) For use in Connection with Standard Specifications and Standard Plans dated 2010, and the Most Current Revised Standard Specifications (RSS) of the California Department of Transportation, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished. Part A (Proposal and Contract) is to be submitted at the time of Bid Opening. Part B (Supplemental Documents) is to be submitted by the three apparent lowest bidders by 2 PM, two (2) business days after Bid Opening. Specification No. F Bid Opening Date: January 5, 2016, 2 P.M.

64 Local Assistance Procedures Manual EXHIBIT 12 B Bidder s List of Subcontractors (DBE and Non DBE) EXHIBIT 12 B BIDDER S LIST OF SUBCONTRACTORS (DBE and NON DBE) PART II The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms. Firm Name/ Address/ City, State, ZIP Phone/ Fax/ DIR Reg. #/ Contractor s License # Annual Gross Receipts Description of Portion of Work to be Performed Local Agency Use Only (Certified DBE?) Name Phone < $1 million YES < $5 million NO Address < $10 million If YES list DBE #: Fax < $15 million City State ZIP > $15 million Age of Firm (Yrs.) Name Phone < $1 million YES < $5 million NO Address < $10 million If YES list DBE #: Fax < $15 million City State ZIP > $15 million Age of Firm (Yrs.) Name Phone < $1 million YES < $5 million NO Address < $10 million If YES list DBE #: Fax < $15 million City State ZIP > $15 million Age of Firm (Yrs.) Name Phone < $1 million YES < $5 million NO Address < $10 million If YES list DBE #: Fax < $15 million City State ZIP > $15 million Age of Firm (Yrs.) 59 P age

65 EXHIBIT 15 G LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCAL AGENCY: LOCATION: PROJECT DESCRIPTION: TOTAL CONTRACT AMOUNT: $ BID DATE: BIDDER'S NAME: CONTRACT UDBE GOAL: CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED (or contracted if the bidder is a DBE) DBE CERT NO. AND EXPIRATION DATE NAME OF EACH DBE (Must be certified on the date bids are opened include DBE address and phone number) DOLLAR AMOUNT DBE For Local Agency to Complete: Local Agency Contract Number: Federal aid Project Number: Total Claimed DBE Participation $ Federal Share: % Contract Award Date: Local Agency certifies that all DBE certification have been verified and Information is complete and accurate. Print Name Signature Date Local Agency Representative (Area Code) Telephone Number: Signature of Bidder Date (Area Code) Tel. No. Person For Caltrans Review: to Contact (Please Type or Print) Local Agency Bidder DBE Information (Construction Contracts) (Rev 6/26/09) Print Name Signature Date Caltrans District Local Assistance Engineer Distribution: (1) Copy Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of contract execution. Failure to send a copy to the DLAE within 15 days of contract execution may result in de obligation of funds for this project. (2) Copy Include in award package to Caltrans District Local Assistance (3) Original Local agency files 60 P age

66 INSTRUCTIONS LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) ALL BIDDERS: PLEASE NOTE: This information may be submitted with your bid. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in the Special Provisions. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder s Name, and Contract DBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter DBE prime and subcontractors certification number. The DBE contractors should notify the Contractor in writing with the date of the decertification if their status should change during the course of the contract. The form has a column for the Names of DBE certified contractors to perform the work (must be certified on the date bids are opened and include DBE address and phone number. IMPORTANT: Identify all DBE firms participating in the project, regardless of tier. Names of the First Tier DBE subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts) to determine how to count the participation of DBE firms. Exhibit 15 G must be signed and dated by the successful bidder. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Local Agency Contract Number, Federal aid Project Number, Federal Share, Contract Award Date fields and verifies that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure to submit a completed and accurate form within the 15 day time period may result in the de obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. 61 P age

67 EXHIBIT 15 H DBE INFORMATION GOOD FAITH EFFORTS Federal aid Project No. CML 5933(109) Bid Opening Date The County of Alameda established a Disadvantaged Business Enterprise (DBE) goal of 21% for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the Local Agency Bidder DBE Commitment form indicates that the bidder has met the DBE goal. This will protect the bidder s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the Local Agency Bidder DBE Commitment form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled Submission of DBE Commitment of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Performs Item (Y/N) Breakdown of Items Amount ($) Percentage Of Contract 62 P age

68 D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. 63 P age

69 DBE CERTIFICATIONS Attach copies of DBE certifications with the submittal of Part B (Supplemental Documents), due at 2 PM, two (2) business days after bid opening. 64 P age